Expert: Dick Dennis - 1/12/2006

Question
Greetings . . .  An adjacent residential neighbor and I recently learned that a survey conducted many houses away from our properties, changed existing property lines - -  like a domino effect.  This neighbor told me that his neighbor on the other side of his home, told him about the problem, and that he would take 10' off of his west property line.  They finally agreed to settle for my neighbor simply paying the other neighbor $500 for the existing fence, and changing the legal description of the property.  
  That is when my neighbor told me about the survey problem.  We hired our own surveyor to establish the actual property line between our homes, but my neighbor agreed to a solution exactly the same as on the other side of his home with his other neighbor i.e. I pay him $500 for our long time common fence - - and we change the language in the deeds to conform to the reality of new survey.  Net effect: his property size stayed exactly the same - - - just alot of money spent on surveys and revising the langauge in the relevant deeds.
   Our surveyor contacted the county after his survey, and it was decided that a "BOUNDARY LINE AGREEMENT" would solve our problem, and leave our existing property line/fence the same. Our surveyor prepared a large mylar/survey document to file with the country, and also 3 documents described as follows:
1. LEGAL DESCRIPTION FOR ADJUSTED AREA
2. LEGAL DESCRIPTION FOR TRACT "A" (neighbors property)
3. LEGAL DESCRIPTION FOR TRACT "B" (my property)
 The "legal description for the "ADJUSTED AREA" describes the portion of land which the new survey indicated was the approximately 10' of my neighbors property then on my side of our fence.  This legal description/document,  I am making the subject of a BARGAIN AND SALE DEED, wherein my neighbor will be the Grantor and me the Grantee,  and for the stated $500 CONSIDERATION, he will thereby CONVEY  that property to me.
  My question and problem concerns the other 2 documents described above as prepared by our surveyor.  They are NOT  actually conveyances, the purpose is simply to correct the legal descriptions of both properties to conform to the new survey and after our above described BOUNDARY LINE AGREEMENT,  which gave rise to my neighbor CONVEYING  some of his property to me - - - which is the "ADJUSTED AREA".  
   If we simply want to change our legal descriptions to conform to the reality after he conveys the adjusted area to me, it does not really appear to be CONVEYANCES  of Tract "A" and Tract "B" - - -  simply a legal document to correct the legal descriptions of our 2 properties after conveyance of the "Adjusted Area."
   Can you tell us if we should use "BARAGAIN AND SALE DEED"  forms concerning the corrected legal descriptions provided to us by our surveyor  - - -  my lising myself as both the grantor and grantee on the deed form concerning my property,  and my neighbor listing himself as both Grantor and Grantee concerning correcting the legal description on his property. Would there be a more appropriate form to use simply to change the legal description of the involved properties?
  Finally, inasmuch as NEITHER  of the above Tract "A" and Tract "B" corrections of the legal descriptions of both properties  - - - appear to be  CONVEYANCES (which conveyance is being accomplished by the Bargain and Sale Deed concerning the  ADJUSTED AREA),  is it necessary to list any  CONSIDERATION  on the 2 Bargain and Sale deeds?  see:  Oregon Revised Statutes (ORS) 94.039 (concerning conveyances); 93.860 (form), etc. - - at URL: http://www.leg.state.or.us/ors/093.html
   Thank you very much . . .  Phil in Oregon

Answer
I thought that there was no field in real estate that I did not have knowledge, Phil, but alas, you found it.

But one thing I do know and that is you should sit down with an attorney and professional surveyor and straighten out the mess. Both would be able to help because they would have the facts and figures before them.

But be prepared to pay some substantial fees.

I do wish you well.

Dick Dennis